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Commission recommends approval of two large-family daycare special exceptions to the Board of Appeals
Summary
The Planning Commission recommended July 1 that the Board of Appeals approve two separate special exceptions to allow large-family daycares (up to 12 children) at 71 Apple Seed Lane and 38 Orchard Drive, finding applications compliant with zoning and subject to listed conditions.
The Gaithersburg Planning Commission on July 1 recommended that the Board of Appeals approve two separate special exceptions to allow large-family daycares (9'12 children) at 71 Apple Seed Lane (BOA-10370-2026) and 38 Orchard Drive (BOA-10367-2026).
Caroline, a planning staff presenter, explained that large family daycares are a special exception in the applicable residential zones (citing section 24-3.1 and 24-12.7F1). Staff reported both applicants already operate licensed care for eight children in their residences and requested relief to expand to 12 children. Staff recommended both applications for approval to the Board of Appeals with four conditions listed in the staff reports.
At 71 Apple Seed Lane the property owner (introduced in the record as Victorin Ozang; during testimony she stated, "My name is Victoria. I'm doing daycare ... this is my fourth year") described staggered drop-off, two on-site parking spaces plus visitor parking nearby, a backyard fence and neighborhood support letters; she said parents typically do very brief drop-offs. Commissioners noted that licensing, fire inspections and state requirements govern operational standards beyond land-use review. Staff clarified that fire inspection frequency and licensing differ for 12-child operations.
At 38 Orchard Drive applicant Madestra Chadri introduced herself as the provider of Pamak Valley Early Learning Center and described compliance with Maryland child care licensing, staggered pickups to limit congestion and a plan to operate as a home-based business. Staff noted a prior 12-child facility existed in that development with no recorded incidents and emphasized parking exhibits showing nearby visitor spaces.
Both motions (one per property) to recommend approval to the Board of Appeals carried unanimously. The planning commission's actions were recommendations, not final approvals; the Board of Appeals will take final action.
What's next: Staff will transmit the commission's recommendations and the cases will be considered by the Board of Appeals under the special-exception review process.
