Commission approves 900-sf accessory pavilion for daycare use; county says childcare license not transferable

The Planning Commission on April 2 recommended approval of an Interim Use Permit allowing a singular 900-square-foot accessory structure on property at 41950 Ferry Road in Sunrise Township to serve as an outdoor pavilion for off-site daycare activities and family use.

Beth Gervais explained County staff reviewed Minnesota Statute 245A.14, subdivision 1, and consulted a Chisago County Child Care Licensor who told staff that licenses are not transferable from one location to another and that the proposed pavilion site would not be eligible for separate licensing. Gervais said that finding informed the Department's recommendation that an IUP was required rather than treating the site as an exempt licensed location.

Applicant Hedi Johnson said she would use a 15-passenger van to transport daycare children to the site for STEM projects and outdoor lessons. Commissioners debated whether the planned use resembled Rural Retail Tourism or a personal accessory use; Chair Jolene Wille and others emphasized the applicants' statements that the site would be gated and primarily for private use. The commission added conditions prohibiting overnight accommodations or commercial use absent separate approvals, limiting sanitary facilities to seasonal portable toilets until a principal structure is built, allowing enclosure of the pavilion with a building permit without needing to amend the IUP, and annual certification. The commission adopted Resolution No. PC2026-0405 recommending approval by a 5-1 vote (McCarthy opposed).