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Commission approves Diaz in‑home child care despite neighbor citing CC&Rs; staff says City cannot enforce private covenants
Summary
The Planning Commission granted a conditional use permit for Cecilia Lara Diaz to operate an in‑home child care at 7 Patty Circle (capacity up to 16), after a neighbor objected citing subdivision CC&Rs and staff clarified that CC&Rs are private and not enforced by the City.
The Milton‑Freewater Planning Commission on April 6 approved a conditional use permit allowing Cecilia Lara Diaz to operate an in‑home child care at 7 Patty Circle for up to 16 children, with the approval conditioned on compliance with the Oregon Child Care Division and other State requirements.
Planning Assistant Kassidy Ruiz presented findings that the proposed facility meets zoning and day‑care standards in the Milton‑Freewater Development Code (including sufficient fenced play area, parking, and hours of operation). Staff reported the applicant provides about 2,226 square feet of fenced outdoor play area, above the 1,550 square feet required for 16 children, and recommended approval subject to State licensing requirements.
Applicant Cecilia Lara Diaz told the Commission she is seeking a certified family license that would allow up to 16 children but does not plan to open at full capacity immediately and expects State processing to take about 30–45 days. “It would take anywhere from 30–45 days from the State, so hopefully sometime in May,” Diaz said.
Neighbor Joe Baker objected during public comment, saying Key Boulevard subdivision covenants (CC&Rs) describe the lots as single‑family residential and that he expected the CC&Rs to be enforced to prevent commercial uses. Baker told the Commission he had discussed restrictions with ARC Committee members before buying his home.
Planning Assistant Kassidy Ruiz responded that City officials do not enforce private CC&R provisions that are not part of City Code and that approving a conditional use permit would not rezone a property from single‑family to commercial; the conditional use is tied to the applicant and city zoning remains unchanged. “Our city officials cannot enforce rules that are set in place by the CC&R’s that also not in our City Code,” Ruiz said.
Commissioner Margo Piver moved, with Commissioner Reilly Miller seconding, to adopt findings and approve the Conditional Use Permit for Diaz with the same State‑compliance condition. Commissioners Ward, Miller and Piver voted in favor; Chair Nathan Lyon voted opposed. The motion carried 3‑1.
