Agenda - Planning Commission - 05/02/1995

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Z.B. April 1995 -- Page 7 .) r court order..The court order only approved a halfway house, it did not specifi- cally state :,that a 46-unit halfway house was acceptable. The trial.court should not have s tuck down this restriction unless it was unreasonable. The tri hl court properly struck down the condition reqtfiring Halfway House to turn aw. y all juveniles who committed Sex crimes -- the condition was too vague. Illi aois law did not clearly define sex Crimes, and many crimes that were liste~ as sex crimes (like bigamy and adultery) had nothing to do with how dang rous the youth was. Also, Illinois law did not list some sexual as- sault crim ~s under sex crimes, but instead under crimes causing bodily harm. The restri :tion provided no standards and would allow zoning authorities to find arbit~ ary violations of the condition -- if the halfway house felt a crime was not s{~xual in nature, the zoning authorities could simply disagree. The trial court correctly struck down the 14-day notice provision. The city's generally ~pplicable zoning ordinance provided for 30 days notice before per- mitting th~ city to revoke a permit. Because the city did not show why a 14-day period w~uld better protect the public welfare, it could not impose the condi- tion. ' Rockford Blacktop Construction Co. v. County of Boone, 635 N.E.2d 1077 (1994). ,~ LaSali'e National Bank v. County of Lake, 325 N.E.2d 105 (1975). Home Bu Siness -- Home Day Care Provider Denied Permission to Expand Zoning Board of Adjustment of City of Bessemer v. Buckhana, 643 So.2d 1385 Alabama) 1994 Bucld aha owned a house in a single-family residential zone in the city of Bessemer. Ala. Under the zoning ordinance, home day care for up to six chil- dren was ~dlowed there. , ... Buck] tana operated a home day.care for six children, but wanted to in- crease th~it number to 12. She had a state license to care for six children, and was qualified for a license to care for 12 as long as she got zoning approval to do so. SI~,' applied to the Zoning Board of Adjustment for permission to ex- pand. At th{ board's hearing on Buckhana's application, several neighbors op- posed it I~ecause they feared added traffic on their narrow street. Buckhana said she Ijad a van she planned to U~e to pick up and drop off the additional 6 children. ~l'he board denied her request. At the same hearing, the board granted another r[sident living in a residential district permission to care for 12 chil~ dren in h: s home. Buck ~ana appealed. The court overruled the board's decision, and granted Buckhan. permission to care for up to 12 children as long as she used her own van to pi~:k up and drop off the extra children. - The t.loard appealed. DECISI£IN: Affirmed, in favor of Buckhana. The ~rial court correctly decided that Buckhana could care for up to 12