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Board of Adjustments approves day‑care special‑use permit at 400 Autumn Drive with occupancy and fencing conditions

Town of Harrisburg — Planning & Zoning Board and Board of Adjustments · April 17, 2025
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Summary

The Board of Adjustments approved a special‑use permit for a day‑care at 400 Autumn Drive (case H2022‑O3‑SUP), imposing conditions including a maximum of 25 children at any one time (subject to fire marshal/state licensing) and 6‑foot wooden privacy fencing along property faces adjacent to neighbors.

The Town of Harrisburg Board of Adjustments voted to approve a special‑use permit for a day‑care proposed at 400 Autumn Drive (case H2022‑O3‑SUP), following a staff presentation, applicant testimony, and extended public comment from nearby residents concerned about traffic, safety and neighborhood character.

Craig Thomas, senior planner, presented the application and told the board the site includes two buildings, one of which has been used by a church and the other is the proposed day‑care location. "Staff has recommended approval of this request," Thomas said, while noting the use requires state licensing and written clearance from the Harrisburg Fire Marshal prior to zoning permit issuance.

Applicant Karen McMillan, who said she has run in‑home child‑care for 17 years and operates Touch Financial Family Child Care, described procedures she would use to minimize congestion and safety risks: staggered drop‑off times, staff‑assisted curbside boarding, and a fenced play area. "We will set up cones in the morning time in the parking area so that way the parents can actually come in, go all the way around," McMillan said.

Neighbors raised several concerns. Resident Jeff Phelps said narrow roads and peak‑period traffic raise safety risks: "This is a neighborhood that's been there for at least 60 years... the daycare is not the proper place for this," he said, citing possible mailboxes being knocked down and children's safety around increased vehicles. Carl Budenbaum, who lives diagonally from the site, pointed to the Unified Development Ordinance and questioned whether Autumn Drive qualifies as a collector street as required for new day‑care siting in some circumstances.

Zoning staff (Zach) and counsel explained that because the building has operated continuously as a church, the application is being treated as a special use for a preexisting civic use and that the fire marshal and state licensing will set or constrain the final allowable occupancy. During deliberations the board discussed traffic mitigation (including limiting maneuvers on site and signage), screening, and play‑area siting; members proposed and the applicant accepted conditions.

The board approved the permit with the following conditions: a limit of no more than 25 children present at any one time (subject to any more‑stringent limit set by the fire marshal or state license), installation of a 6‑foot wooden privacy fence along sides facing neighboring residences, and the requirement that the applicant obtain written fire marshal clearance and relevant state child‑care licensing before receiving zoning permits. The decision includes the option for the fire marshal to further constrain occupancy based on life‑safety findings.