[HNA News] Variance allowed

[Trey Commander]

To add to the post meeting discussion Carol Berz represenative mentioned
that the Daycares allowed in R1 Zoning has a glaring flaw.  The daycare does
not have to be a residence and there for no one living in the home.  This
woudl allow for any house anywhere in Hilltop to be a daycare that is vacant
at night and weekends.

I agree with Maddie we might be best served at this point to get to know the
Daycare operator and hold her to a high standard of operation and appeance.
She seemd to be a nice lady but until we meet with her we won't fully
understand her plans.

Also It was Bob Mitchell that was at the meeting not Robert Maner.

Trey

On Wed, May 14, 2008 at 1:10 PM, Jeff Briere <jeffbriere at gmail.com> wrote:

> May I add my observation of what happened?  I, too, was dismayed that we
> had such little representation.
>
> However, state law is on the side of the day care center.  Day care
> facilities are explicitly allowed in R-1 zones.  The operator could have
> opened it without a variance if she had kept the child population under
> 8.  But she wanted to serve 15, so she needed a variance.
>
> Her attorney was pretty good.  He managed to separate the issue of
> traffic from the issue of zoning.  And he reminded the council their job
> was to vote on zoning, not traffic.  He was also the one who brought up
> the state law allowing day care facilities in R-1 zones.
>
> Marti Rutherford came into the argument against the variance, but I
> thought she knew it had a good chance to pass, because she asked the
> council to prohibit signage if they approved the variance.  The operator
> promised no signs.  I kinda doubt there will be no sign.  We'll see.
>
> The operator also changed the plan at the meeting, adding a parking lot
> between the curb on Lerch and the fence, I presume from the western edge
> of the garage to the WPA drainage ditch.  They termed it a
> "turn-around," which tells me that they will have an entrance & an exit
> on Lerch and they expect cars to come in and out within a couple minutes.
>
> Developers will now have ample ammo to re-zone to Lerch Street.  The
> little white house at the northeast corner of Navajo & Germantown is a
> rental.  As is the one across Germantown that is for sale.
>
> Jeff Briere
> Minister, UU Church of Chattanooga
> www.uuc.org
>
> This message is intended for the recipient(s)
> noted above.  Please do not forward the
> contents without permission from the sender.
>
>
>
> Maddie Kertay wrote:
> > Dear Hilltop friends,
> >
> >   I am very sorry to say that  due to council whims, current zoning
> > rules and the dismal lack of neighborhood participation the proposed
> > variance for the Daycare center at the corner of Lerch and
> > Germantown  passed on a vote of  4 to 3.
> >
> >    I would  like to note that besides myself  those who were able to
> > attend were Jeff Briere, Trey Commander, Marti Rutherford and Robert
> > Mainor ( Robert,  sorry, I am guessing at the spelling of your last
> > name) And as promised Carol Bertz sent an attorney from her office
> > and each of us spoke ( quite well I might add!) and yet the council
> > was not swayed. While our side did have some support it was directly
> > mentioned that  we had a very small delegation indeed and that
> > neighborhoods that cared more about other issues have turned out in
> > much greater numbers in the past. So while I don't think it was the
> > only reason I think a stronger showing would have been a real help.
> >
> > Since this action is a done deal ( there is no appeals process) I
> > suggest that at tomorrow nights meeting we talk about how to be
> > integrate the new learning center into our neighborhood and extend
> > our hospitality to the owner if and when the sale and operation of
> > the center comes to pass.
> >
> >
> > Respectfully submitted
> > Maddie Kertay
> > 100 S. Germantown
> >
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