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Daycare Center and Family Home Forum>I Need Help!! ASAP!!!
KnoxMom 04:47 PM 11-05-2013
So, I've been operating my legally unlicensed in-home daycare with no hiccups. I participate in the food program through a sponsor; I only keep four children in addition to my own two. I was recently served with a Zoning Violation from the city because I live in a historic established neighborhood and apparently you're not allowed to work from home without permission (aka 'Use on Review' approval). I'm friendly with my neighbors on both sides of my property and our houses are so far apart with driveways so long that I know the complaint isn't derived from noise or any nuisance caused by parking or the children. Anyway, I have a hearing coming up and if for some ungodly reason I am denied, I will have to shut down or be forced to move. To get to the point; has anyone gone through this?? I understand that it is open to the public so anyone who is against it has 5 minutes to speak with no lock on how many people can comment. What type of objections can I expect? Are they going to make me cry? Were you approved or denied? Why? Have you had to go through appeals? This is absolutely shocking to me and I am trying very hard to stay calm but this is my passion and my livelihood! PLEASE HELP!
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mrsnj 04:58 PM 11-05-2013
I haven't been there but in my state they cannot deny you income. But since it is historical then I am not sure how that works. It sounds more like needing an agreement than anything else. Like you didnt fill out the correct red tape type of thing. What about asking neighbors to write a letter? If no one has an issue then I wouldn't see the problem. Then get the zoning agreement done right.
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daycarediva 06:16 PM 11-05-2013
Not me personally, but I know someone who had to have neighbors approve it and was denied while she was already operating, then appealed to a city court meeting and was re-approved. She brought copies of the legality of her business, the improvements she made because of it, letters of recommendation from neighbors unable to attend, and how she planned to remain small.

Best of luck to you!
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KnoxMom 06:52 PM 11-05-2013
This is exactly what I'm going through; I have a city court hearing and I'm mostly concerned with the public comments/people who might be against it. I don't understand the reasons why anyone would NOT be for it which is why I'm having a hard time coming up with ways to address possible concerns or respond to negative comments because I have no idea what they would be! Do you know WHY she was denied? Did they give specific reasons?? I'll definitely be sure to work at getting letters from my parents (who also live in the neighborhood) and proof of the legality of it. Thanks for the response!

Originally Posted by daycarediva:
Not me personally, but I know someone who had to have neighbors approve it and was denied while she was already operating, then appealed to a city court meeting and was re-approved. She brought copies of the legality of her business, the improvements she made because of it, letters of recommendation from neighbors unable to attend, and how she planned to remain small.

Best of luck to you!

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Cradle2crayons 06:58 PM 11-05-2013
I would DEFINATELY gather all of the positive supportive written statements I could.

You don't want only negative presented without the meeting members seeing that here are people who are supportive of this.
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Meeko 07:59 PM 11-05-2013
I had to go through a zoning meeting in the city where I used to have my daycare. It was an open meeting and the public could come and voice their opinion.

I was terrified. But the zoning officer explained to me that even if somebody objected to my daycare...they would have to have a VERY valid reason. It wasn't enough for the neighborhood busy-body to show up and say she just didn't want it. They would have to raise legit concerns and even then....it would be up to zoning to have the final say.

The night of the meeting.....not a soul showed up. After 10 minutes, the city officer told me I was set to go!

Hopefully yours will go OK too.
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KnoxMom 07:29 AM 11-06-2013
Originally Posted by Meeko:
I had to go through a zoning meeting in the city where I used to have my daycare. It was an open meeting and the public could come and voice their opinion.

I was terrified. But the zoning officer explained to me that even if somebody objected to my daycare...they would have to have a VERY valid reason. It wasn't enough for the neighborhood busy-body to show up and say she just didn't want it. They would have to raise legit concerns and even then....it would be up to zoning to have the final say.

The night of the meeting.....not a soul showed up. After 10 minutes, the city officer told me I was set to go!

Hopefully yours will go OK too.
Thanks so much! I understand there are two women in my neighborhood who have done this before and successfully pushed people out of the neighborhood by making a big stink. I'm assuming I'm up against the same two. I'm just wondering what type of concerns could get me shut down/forced to move???
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Heidi 07:45 AM 11-06-2013
Originally Posted by KnoxMom:
Thanks so much! I understand there are two women in my neighborhood who have done this before and successfully pushed people out of the neighborhood by making a big stink. I'm assuming I'm up against the same two. I'm just wondering what type of concerns could get me shut down/forced to move???
I would guess:

-Excessive noise
-Parking
-diminishing value of homes by having daycare "junk" in the yard

Those are all I can think of. With 4 kids, I doubt noise is an issue, especially since most families you serve live in the neighborhood already. Ask for letters from those parents, and have a list of families you serve along with their address (with their permission).

Write down when children typically arrive and depart, and where the parents park. Take a picture and bring that, if you can. Especially if they're parking in your own driveway (who does that bother?).

Take a picture of your backyard, all tidy, and a street-view picture of your house. If they can't even see the play-yard from the front, that's great. If they can, I would make an effort to hide any plastic play equipment (if you have it).
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KnoxMom 06:58 AM 11-12-2013
Thanks so much for the feedback! Update on what's going on: I had to pay $450 to make an application to the city to allow my business to continue to operate until a decision is made in January. In the meantime, I've notified my parents and they are all writing letters to support my effort. I'm hoping that my attendance records will be enough to verify how small I am and that there is no threat of a large commercial business like they imagine I am/or am trying to become. Hopefully that will be the end of it. Has anyone ever had an HOA or individual shut them down/force them to move??
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Childminder 09:06 AM 11-12-2013
I had to get approval to go from 6 to12 kids I got a letter from every neighbor except one( she'd had our cat arrested) and all parents. I was lucky that my one neighbor was our township supervisor and he wrote a very nice one. If you have any officials that live close ask them for a recommendation. I was told at the hearing it had a lot of pull.
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Tags:appeal, hearing, use on review, zoning
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