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Independence Planning Commission split on home business permit for day care

By Adrianne DeWeese - adrianne.deweese@examiner.net
Posted Jun 16, 2010 @ 09:27 AM
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Most often, home business permit applications before the Independence Planning Commission are open-and-shut cases.

However, an application for a child day care at 3905 S. Stonewall Ave. received a divided vote, 4-3, among commission members Tuesday night, with Lyn Westfall, Jerry Kacheroski and Karen DeLuccie opposed.

Because of a legal protest petition submitted by neighboring property owners within the 185-foot notification radius, the Planning Commission’s vote served just as a recommendation to the Independence City Council, which will take a final vote at a future meeting.

Applicant Colleen McConnell said she plans to include six children in her day care, ranging from age 5 months to kindergarten. She has previously operated a day care with four children for a year-and-a-half in her home, but a desire to provide child care for more than four non-related individuals requires a home business permit application before the Planning Commission.

McConnell’s two young children are excluded from the home day care count. Two neighboring residents briefly stated they support the home business application, and McConnell also presented city staff with the names of other residents who say they support her home-based business.  

Seth Savage, 3913 Stonewall Ave., said he opposes the application. His concern is traffic congestion and noise associated with children playing outside would affect his neighborhood. Savage, who has resided in his Lee Manor subdivision home for 36 years, also claimed home businesses in the area would decrease property values.

“When we (Savage and his wife) purchased this home, we thought of staying here forever in this nice, quiet, restricted neighborhood. We thought the restrictions would ensure that we would always have a desirable neighborhood. Those restrictions do not allow for businesses.”

Savage said he is concerned the area day care would set a precedent for other Lee Manor subdivision home businesses, such as a beauty shop, an auto repair shop and dog boarding services.

“No one wants to make waves. We like the McConnells, and we like their little boys,” Savage said. “This is not a personal issue but is a matter of protecting our homes, our most important asset. We just want to keep our neighborhood residential.”

Lynette Wages, who has resided at 3908 Sherman Drive since 1974, said she was presented with a declaration for her home in Lee Manor subdivision at the time of purchasing it that called for “high-class residential” land use.

“There are so many others who could also be adversely affected by allowing a business of this nature to come into our neighborhood,” said Wages, adding that the home business might affect residents beyond the 185-foot required notification radius.

Most often, home business permit applications before the Independence Planning Commission are open-and-shut cases.

However, an application for a child day care at 3905 S. Stonewall Ave. received a divided vote, 4-3, among commission members Tuesday night, with Lyn Westfall, Jerry Kacheroski and Karen DeLuccie opposed.

Because of a legal protest petition submitted by neighboring property owners within the 185-foot notification radius, the Planning Commission’s vote served just as a recommendation to the Independence City Council, which will take a final vote at a future meeting.

Applicant Colleen McConnell said she plans to include six children in her day care, ranging from age 5 months to kindergarten. She has previously operated a day care with four children for a year-and-a-half in her home, but a desire to provide child care for more than four non-related individuals requires a home business permit application before the Planning Commission.

McConnell’s two young children are excluded from the home day care count. Two neighboring residents briefly stated they support the home business application, and McConnell also presented city staff with the names of other residents who say they support her home-based business.  

Seth Savage, 3913 Stonewall Ave., said he opposes the application. His concern is traffic congestion and noise associated with children playing outside would affect his neighborhood. Savage, who has resided in his Lee Manor subdivision home for 36 years, also claimed home businesses in the area would decrease property values.

“When we (Savage and his wife) purchased this home, we thought of staying here forever in this nice, quiet, restricted neighborhood. We thought the restrictions would ensure that we would always have a desirable neighborhood. Those restrictions do not allow for businesses.”

Savage said he is concerned the area day care would set a precedent for other Lee Manor subdivision home businesses, such as a beauty shop, an auto repair shop and dog boarding services.

“No one wants to make waves. We like the McConnells, and we like their little boys,” Savage said. “This is not a personal issue but is a matter of protecting our homes, our most important asset. We just want to keep our neighborhood residential.”

Lynette Wages, who has resided at 3908 Sherman Drive since 1974, said she was presented with a declaration for her home in Lee Manor subdivision at the time of purchasing it that called for “high-class residential” land use.

“There are so many others who could also be adversely affected by allowing a business of this nature to come into our neighborhood,” said Wages, adding that the home business might affect residents beyond the 185-foot required notification radius.

Senior Planner Stuart Borders said the city cannot enforce policies set forth in a homeowners association or other restrictions that the Independence City Council has yet to approve.   

“No one parks on my street. I only have parking for three cars, but most of the time, they come at different times and they get picked up at different times,” said McConnell, adding that the day care children play only in an enclosed backyard surrounded by a code-enforced fence. “I can’t help that they’re screaming because they’re children. They’re having fun – we turn the sprinkler on, and they’re running and playing.”

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