The Shelton Planning and Zoning Commission last week denied an application to locate a daycare center in a Platt Road residence on the grounds that it didn’t conform to the use intended by a special zoning regulation.
The PZC cited five reasons for its decision April 9, but first and foremost was that the applicant, Kids Zone Realty LLC, and the operator of the child daycare center would not be the same, and that would violate the residency requirement in Section 33.16.1(a) of the city zoning regulations.
That regulation allows people to operate daycare centers in their private residences.
Planning and Zoning Administrator Rick Schultz said the section was passed about 25 years ago when there was a shortage of affordable daycare options for local parents, but this was the first time anyone ever tried to use it.
“This is the first test case for this regulation,” Schultz said.
Kids Zone Realty LLC operates another commercial daycare center on Long Hill Cross Road.
The proposal had sought a special exception permit and site plan approval for a daycare operation for up to 20 children at 7 Platt Road at the corner of Long Hill Avenue.
The house is vacant, but Kids Zone Realty proposed to satisfy the residency requirement by building a rental apartment in the basement where the daycare center manager would live.
PZC members questioned whether this proposal would be a daycare business with a rental apartment attached rather than a daycare center in a private residence.
They also said they were concerned that approving the application would set a bad precedent and lead to encroachment on residential neighborhoods all over Shelton by daycare businesses.
The application drew strong opposition by Long Hill Avenue neighborhood residents at a public hearing on Feb. 27.
Click here to read more about the public hearing.
Shelton Police Chief Joel Hurliman also recommended against approving the application on the grounds that it would create extra traffic and school buses picking up or dropping off children could constitute a safety hazard.
PZC member Elaine Matto also wondered how the city zoning office could be sure that the manager actually lived there and not someone else.
The other reasons the PZC gave for denying the application were:
- The proposed use would impair the residential character of the premises at 7 Platt Road.
- The property has a lot area of 29,742 square feet, which is a non-complying minimum lot area (40,000 square feet) for an R‑1 zone.
- The proposed outdoor play area as designed would impact the privacy of the adjoining neighbor.
- The use would be too intense for the neighborhood and would generate increased roadway traffic there.
The lawyer representing Kids Zone Realty, Fred Anthony, said Thursday (April 11) he had not yet received the written decision.
Once he does, he’ll go over it with the owner of the business, Deborah Ullrich, who will decide whether to appeal the PZC’s decision in Superior Court.
