JULY 16, 1986 - Laserfiche WebLink

Home Browse Search

-2- that a fence will go across the front of the yard mnd it will be an entire enclosure for the kids to play in and the fence would also hide the play equipment. He indicated that the requested hours of operation would be from 6:00 o'clock A.M. to 6:00 o'clock P.M. and that what they were doing was providing a day care center for working parents. Tbere would be no signs needed to advertise except for a small sign which would be placed om the mailbox. He further advised that parking was not a problem and tbere was not much traffic on the road which would be of concern for the children playing in tbe yard. He indicated that there was sufficient parking for 6 cars and the Fiscuses advised that there was never 6 cars parked there at any one time. Attorney Lawson advised that there was a need for a facility such as this in the area and also indicated that the Fiscuses would accept any reasonable restrictions which the Board imposed. Attorney Ksenak advised that according to the ordinance the proper request was for a special exception and not a variance and indicated that there were different consideratiomsand factors involved in the determination of a special exception and he. further indicated that he felt the petition should be orally modified to state a request for a special exception. Chairman Steve Oschmsn felt that a variance gives the Board gre~ter control over the property than a special exception and he believed from past experience that a special exception was permanent. The Bomrd discussed their recollection of permitting a variance in the past where a special exception bad been requested and felt that it was a situation where the Board had some flexibility. Steve Oschman also indicated that he felt that the Board could impose restrictions with a variance and was not able to do so w~th m special exception. Attorney Ksenak indicated that bis recollection in the past, at least in one situation that he recalled, was such that the Board did in fact