02 Council Minutes (10/04/01) - Laserfiche WebLink

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Minutes of the Regular City Council Meeting October 4, 2001 Page 3 presented a petition of the people whose children are being cared for by the Malcom's. Mr. Walker advised that the Malcoms have been operating a group daycare facility for five years at the location on Bonham Street. He said it was regulated by the state and they can have twelve children at any given time but no more than twelve children. The daycare facility is also subsidized by the state and is in compliance with all their guidelines. Mr. Walker advised that they appeared before the Planning and Zoning Commission asking for a special use permit for a daycare facility in order for them to have more children as there is a need in that area of the city for daycare. Mr. Walker said this is a twenty-four hour a day facility. Mr. Walker said they had opposition at the Planning and Zoning Commission's meeting because several neighbors did not know that for the past five years his clients have been operating a daycare center, and felt that spoke well of his clients as it is not causing anyone problems; however, Mr. Methven advised that under current zoning guidelines even though the state allows a daycare facility to have up to twelve children without a zoning change, the city's ordinance provides that a person can have only four children at one time. Mr. Walker pointed out that according to his client, there is probably more than one hundred state subsidized daycare facilities in the city that are operating under the state program, and none of them are aware that they are currently out of compliance with the City of Paris. Mr. Walker advised the City Council that after the Planning and Zoning Commission had ruled, the members started discussing the zoning requirements and realized that it would put his client out of business. Mr. Walker said the Planning and Zoning Commission said if he would amend the request and bring it back, they would probably feel like recommending that she be able to keep the status quo and have up to twelve children at a time because the City Council could grant a limited use permit and stipulate the number of children. Mr. Walker said they would like to have the daycare facility so that his client does not lose the business investment that they made during the last five years. He asked that City Council grant the request to have a special use permit for a daycare facility up to twelve children. City Attorney Schenk advised that what has come before the City Council